Living the Life of Reilly's: Recent U.S. Court of Federal Claims Decisions Highlight Need for Improved Regulatory Guidance in CICA Override Determinations

In the absence of statutory and regulatory guidance on federal agency overrides of the CICA stay triggered by a timely bid protest, the U.S. Court of Federal Claims recently set out what the authors of this analysis say could become a bright line test to determine the validity of such overrides. The analysis discusses the antecedents and possible implications of the decision in Reilly's Wholesale Produce v. United States, and suggests that the time is "more than ripe" for regulatory guidance in the area.


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